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Office of Resolution Management (ORM)

Breach of an EEO Settlement Agreement

Below are the most frequently asked questions concerning claims of a breach of a settlement agreement.

Question

Answer

What is the role of the ORM’s Office of Policy and Compliance (OPC) in breach of settlement claims?

OPC reviews breach of settlement allegations and determines whether or not a breach has occurred.

Who can file a breach claim?

A VA employee, former employee or applicant for employment who made a settlement agreement that resolved an EEO complaint and alleges the agreement has been breached.

Where and when should the breach claim be filed?

The complainant must contact the ORM’s Deputy Assistant Secretary for Resolution Management or the Manager, OPC in writing within 30 calendar days from when the complainant knew or should have known that a breach occurred. A complainant may send the breach claim VA Form 0860: Breach of Settlement Agreement Claim Form either by fax to (202) 501-2811 or in writing to:

If the complainant faxes the breach claim, he/she should call (202) 461-0200 to verify that it was received.

What information should the complainant submit with the breach claim?

• Identify precisely which provision(s) of the settlement agreement that are believed to have been breached.
• Provide a detailed explanation why the provision(s) have been breached.
• Provide specific dates of occurrence(s) and names of those involved.
• Provide a copy of any documentation that supports the claim.
• Elect a remedy for the alleged breach, i.e., either reinstatement of the EEO complaint or enforcement of the agreement.
• Provide a signed and dated copy of the settlement agreement.

What happens when OPC receives the breach of settlement agreement claim?

• OPC will send an acknowledgement letter and the name of the contact person.
• OPC may request additional information from the complainant or field facility.
• OPC will analyze all evidence and render a final agency decision. If dissatisfied with OPC’s decision, the complainant may appeal to the Equal Employment Opportunity Commission.

What Happens if the Breach Claim is Filed Beyond the Allotted 30-day Timeframe?

OPC may request an explanation why the breach claim was not filed within 30-days. Upon receipt of the explanation, OPC will review the case file and render a written breach decision, which may be appealed to the Equal Employment Opportunity Commission.